The dispute between Telkom and the Independent Communications Authority of South Africa (ICASA) took a new turn when earlier today Telkom announced that they are now prepared to remove the urgent application to interdict ICASA from issuing the spectrum on the condition that the parties are amenable to an expedited review of their concerns over the licensing process.
The application submitted by Telkom is essentially in two segments, Part A and Part B. The former requests the court to entirely suspend the ITA and the latter focuses on its arguments against the licensing process.
“In light of ICASA having lodged at the court the record of its proceedings (a set of documents that are relevant to the determination of the issues in dispute), a necessary step in the hearing of part B, Telkom has proposed to ICASA and all respondents that it is perhaps prudent to proceed straight to part B.
Telkom is prepared to remove part A of its application from the court roll if the parties are amenable to an expedited review on part B.”
This is on condition that the review is heard before the finalisation of the spectrum auction process, or if ICASA is prepared to move the dates of auction finalisation to await the court judgement.
A decision to withdraw it depends on the response from the parties and the directions that the court may give.”Statement by Telkom